Bill Text: CA AB1850 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Energy: appliance efficiency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-22 - Ordered to inactive file at the request of Senator Calderon. [AB1850 Detail]

Download: California-2011-AB1850-Amended.html

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BILL NUMBER: AB 1850	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN ASSEMBLY  MAY 1, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Charles Calderon

                        FEBRUARY 22, 2012

   An act to amend Section 25402 of the Public Resources Code,
relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1850, as amended, Charles Calderon. Energy: appliance
efficiency.
   Existing law requires the State Energy Resources Conservation and
Development Commission to prescribe, by regulation, appliance
efficiency standards, based on reasonable and current use patterns,
to promote the use of energy and water efficient appliances. Existing
law requires these standards to become effective no sooner than one
year after the date of adoption or revision.
   Existing law provides that, within 5 years after the adoption of
an appliance standard, a change in an appliance standard shall not
become effective unless the commission adopts other cost-effective
measures for that appliance.
   This bill would additionally provide that a change in the
appliance standard may become effective if the commission finds that
the appliance standard is no longer needed. The bill would require
the commission, in establishing the appliance standards, to rely on
the most current data possible and, whenever feasible, rely on data
no older than one year prior to the commencement of the formal
rulemaking process. 
   This bill would provide that the battery charger labeling
requirements become effective on July 1, 2013, if the United States
Department of Energy labeling rule for battery chargers (federal
rule) is not in effect on that date and remain in effect until the
federal rule becomes effective. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25402 of the Public Resources Code is amended
to read:
   25402.  The commission shall, after one or more public hearings,
do all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy, including the
energy associated with the use of water:
   (a) (1) Prescribe, by regulation, lighting, insulation climate
control system, and other building design and construction standards
that increase the efficiency in the use of energy and water for new
residential and new nonresidential buildings. The commission shall
periodically update the standards and adopt any revision that, in its
judgment, it deems necessary. Six months after the commission
certifies an energy conservation manual pursuant to subdivision (c)
of Section 25402.1, no city, county, city and county, or state agency
shall issue a permit for any building unless the building satisfies
the standards prescribed by the commission pursuant to this
subdivision or subdivision (b) that are in effect on the date an
application for a building permit is filed. Water efficiency
standards adopted pursuant to this subdivision shall be demonstrated
by the commission to be necessary to save energy.
   (2) Prior to adopting a water efficiency standard for residential
buildings, the Department of Housing and Community Development and
the commission shall issue a joint finding whether the standard (A)
is equivalent or superior in performance, safety, and for the
protection of life, health, and general welfare to standards in Title
24 of the California Code of Regulations and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from water efficiency standards.
Nothing in this subdivision in any way reduces the authority of the
Department of Housing and Community Development to adopt standards
and regulations pursuant to Part 1.5 (commencing with Section 17910)
of Division 13 of the Health and Safety Code.
   (3) Water efficiency standards and water conservation design
standards adopted pursuant to this subdivision and subdivision (b)
shall be consistent with the legislative findings of this division to
ensure and maintain a reliable supply of electrical energy and be
equivalent to or superior to the performance, safety, and protection
of life, health, and general welfare standards contained in Title 24
of the California Code of Regulations. The commission shall consult
with the members of the coordinating council as established in
Section 18926 of the Health and Safety Code in the development of
these standards.
   (b) (1) Prescribe, by regulation, energy and water conservation
design standards for new residential and new nonresidential
buildings. The standards shall be performance standards and shall be
promulgated in terms of energy consumption per gross square foot of
floorspace, but may also include devices, systems, and techniques
required to conserve energy and water. The commission shall
periodically review the standards and adopt any revision that, in its
judgment, it deems necessary. A building that satisfies the
standards prescribed pursuant to this subdivision need not comply
with the standards prescribed pursuant to subdivision (a). Water
conservation design standards adopted pursuant to this subdivision
shall be demonstrated by the commission to be necessary to save
energy. Prior to adopting a water conservation design standard for
residential buildings, the Department of Housing and Community
Development and the commission shall issue a joint finding whether
the standard (A) is equivalent or superior in performance, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from the water conservation design
standards. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
   (2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to publication of the notice of
proposed action required by Section 18935 of the Health and Safety
Code, involve parties who would be subject to the proposed
regulations in public meetings regarding the proposed regulations.
All potential affected parties shall be provided advance notice of
these meetings and given an opportunity to provide written or oral
comments. During these public meetings, the commission shall receive
and take into consideration input from all parties concerning the
parties' design recommendations, cost considerations, and other
factors that would affect consumers and California businesses of the
proposed standard. The commission shall take into consideration prior
to the start of the notice of proposed action any input provided
during these public meetings.
   (3) The standards adopted or revised pursuant to subdivisions (a)
and (b) shall be cost-effective when taken in their entirety and when
amortized over the economic life of the structure compared with
historic practice. When determining cost-effectiveness, the
commission shall consider the value of the water or energy saved,
impact on product efficacy for the consumer, and the life-cycle cost
of complying with the standard. The commission shall consider other
relevant factors, as required by Sections 18930 and 18935 of the
Health and Safety Code, including, but not limited to, the impact on
housing costs, the total statewide costs and benefits of the standard
over its lifetime, economic impact on California businesses, and
alternative approaches and their associated costs.
   (c) (1)  (A)    Prescribe, by regulation,
standards for minimum levels of operating efficiency, based on a
reasonable use pattern  , and may  . 
    (B)     The commission may  prescribe
other cost-effective measures, including incentive programs, fleet
averaging, energy and water consumption labeling not preempted by
federal labeling law, and consumer education programs, to promote the
use of energy and water efficient appliances whose use, as
determined by the commission, requires a significant amount of energy
or water on a statewide basis.  The 
    (C)     The  minimum levels of
operating efficiency shall be based on feasible and attainable
efficiencies or feasible improved efficiencies that will reduce the
energy or water consumption growth rates.  The 
    (D)     The  standards shall become
effective no sooner than one year after the date of adoption or
revision. No new appliance manufactured on or after the effective
date of the standards may be sold or offered for sale in the state,
unless it is certified by the manufacturer thereof to be in
compliance with the standards. The standards shall be drawn so that
they do not result in any added total costs for consumers over the
designed life of the appliances concerned. 
   In 
    (E)     In  order to increase public
participation and improve the efficacy of the standards adopted
pursuant to this subdivision, the commission shall, prior to
publication of the notice of proposed action required by Section
18935 of the Health and Safety Code, involve parties who would be
subject to the proposed regulations in public meetings regarding the
proposed regulations. All potential affected parties shall be
provided advance notice of these meetings and given an opportunity to
provide written or oral comments. During these public meetings, the
commission shall receive and take into consideration input from all
parties concerning the parties' design recommendations, cost
considerations, and other factors that would affect consumers and
California businesses of the proposed standard. The commission shall
take into consideration prior to the start of the notice of proposed
action any input provided during these public meetings. 
   The 
    (F)     The  standards adopted or
revised pursuant to this subdivision shall not result in any added
total costs for consumers over the designed life of the appliances
concerned. When determining cost-effectiveness, the commission shall
consider the value of the water or energy saved, impact on product
efficacy for the consumer, and the life-cycle cost to the consumer of
complying with the standard. The commission shall consider other
relevant factors, as required by Sections 11346.5 and 11357 of the
Government Code, including, but not limited to, the impact on housing
costs, the total statewide costs and benefits of the standard over
its lifetime, economic impact on California businesses, and
alternative approaches and their associated costs.
   (2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), that is manufactured on or after July 1, 1984,
may be sold, or offered for sale, in the state, unless the date of
the manufacture is permanently displayed in an accessible place on
that appliance.
   (3) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
appliance or finds that the regulation is no longer needed.
   (4) Neither the commission nor any other state agency shall take
any action to decrease any standard adopted under this subdivision on
or before June 30, 1985, prescribing minimum levels of operating
efficiency or other energy conservation measures for any appliance,
unless the commission finds by a four-fifths vote that a decrease is
of benefit to ratepayers, and that there is significant evidence of
changed circumstances. Before January 1, 1986, the commission shall
not take any action to increase a standard prescribing minimum levels
of operating efficiency for any appliance or adopt a new standard
under paragraph (1). Before January 1, 1986, any appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations  ,  on sales of appliances so that the
commission may study the effects of regulations on those sales. These
informational requirements shall remain in effect until the
information is received. The trade or industry association may submit
sales information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat any sales information of an individual manufacturer as
confidential and that information shall not be a public record. 
For confidential or proprietary business information that would not
be otherwise available to the commission, the commission and the
manufacturer shall agree on the form and s   ubstance of the
submission.  The commission shall not request any information
that cannot be reasonably produced in the exercise of due diligence
by the manufacturer. The commission shall rely on the most current
data possible and,  wherever   whenever 
feasible, rely on data no older than one year prior to the
commencement of the formal rulemaking process. At least one year
prior to the adoption or amendment of a standard for an appliance,
the commission shall notify the Legislature of its intent, and the
justification to adopt or amend a standard for the appliance.
Notwithstanding paragraph (3) and this paragraph, the commission may
do any of the following:
   (A) Increase the minimum level of operating efficiency in an
existing standard up to the level of the National Voluntary Consensus
Standards 90, adopted by the American Society of Heating,
Refrigeration, and  Air Conditioning  
Air-Conditioning  Engineers or, for appliances not covered by
that standard, up to the level established in a similar nationwide
consensus standard.
   (B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
same.
   (C) Adjust the minimum level of operating efficiency in an
existing standard in order to reflect changes in test procedures that
the standards require manufacturers to use in certifying compliance,
if the minimum level of operating efficiency remains substantially
the same.
   (D) Readopt a standard preempted, enjoined, or otherwise found
legally defective by an administrative agency or a lower court, if
final legal action determines that the standard is valid and if the
standard that is readopted is not more stringent than the standard
that was found to be defective or preempted.
   (E) Adopt or amend any existing or new standard at any level of
operating efficiency, if the Governor has declared an energy
emergency as described in Section 8558 of the Government Code.
   (5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to Commission Order No. 84-0111-1, on or before
June 30, 1985.
   (d) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site that are technically and
economically feasible. No site and related facility shall be
certified pursuant to Chapter 6 (commencing with Section 25500),
unless the applicant certifies that standards recommended by the
commission have been considered, which certification shall include a
statement specifying the extent to which conformance with the
recommended standards will be achieved. 
   Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict. 
   (e) The commission shall do all of the following:
   (1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that residential
clothes washers manufactured on or after January 1, 2007, be at
least as water efficient as commercial clothes washers.
   (2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
   (3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2). 
   (f) (1) Notwithstanding any other law, the battery charger product
labeling regulations adopted by the commission for consumer products
with battery chargers shall not take effect and the commission shall
not enforce those regulations before July 1, 2013.  
   (2) On or after July 1, 2013, the battery charger product labeling
regulations shall be effective if a United States Department of
Energy labeling rule for battery chargers is not effective on or
before July 1, 2013, and shall remain in effect until a United States
Department of Energy final labeling rule is effective for battery
charger products. Commission labeling regulations for battery charger
products not regulated by the United States Department of Energy
shall remain in effect notwithstanding the United States Department
of Energy regulation.